Hamer v. City of Trinidad, No. 17-1456 (10th Cir. 2019)Annotate this Case
Plaintiff Stephen Hamer resided in Trinidad, Colorado, confined to a motorized wheelchair, and a qualified individual with a disability under Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act of 1973 (“RA”). He did not own a car or otherwise use public transportation. Instead, he primarily used the City’s public sidewalks to move about town. Plaintiff contended many of the City’s sidewalks and the curb cuts allowing access onto those sidewalks did not comply with Title II of the ADA and section 504 of the RA. Plaintiff filed an ADA complaint with the United States Department of Justice (“DOJ”) informing the government about the state of the City’s sidewalks, and continued to lodge informal ADA and RA complaints at City Council meetings over several months. Apparently in response to Plaintiff’s multiple complaints and the results of a DOJ audit, City officials actively began repairing and amassing funding to further repair non-compliant sidewalks and curb cuts. Even so, Plaintiff nonetheless filed suit against the City for violations of Title II of the ADA and section 504 of the RA, seeking a declaratory judgment that the City’s sidewalks and curb cuts violated the ADA and RA, injunctive relief requiring City officials to remedy the City’s non-compliant sidewalks and curb cuts, monetary damages, attorneys’ fees, and costs. The district court granted summary judgment to the City on statute-of-limitations grounds, finding the applicable “statute of limitations begins to run when the plaintiff knows or has reason to know of the existence and cause of the injury which is the basis of his action.” The Tenth Circuit held a public entity violates Title II of the Americans with Disabilities Act and section 504 of the Rehabilitation Act each day that it fails to remedy a noncompliant service, program, or activity. As a result, the applicable statute of limitations did not operate in its usual capacity as a firm bar to an untimely lawsuit. “Instead, it constrains a plaintiff’s right to relief to injuries sustained during the limitations period counting backwards from the day he or she files the lawsuit and injuries sustained while the lawsuit is pending.” Because the district court applied a different and incorrect standard, the Tenth Circuit reversed and remanded for further proceedings.